In Minnesota, "alimony" is called "spousal maintenance." The two terms mean the same thing - monthly support payments paid by one spouse (who has greater income) to the other spouse (who has lesser income.If you are seeking spousal maintenance, you probably need the help of an experienced attorney. The rules relating to awards of spousal [...]
Divorce and Men's Rights, Divorce and Women's Rights.
It is important that you understand the Early Neutral Evaluation process in order to have the greatest chance of being successful in your divorce case.
In the State of Minnesota, when determining spousal maintenance, there are two primary considerations - the amount of the monthly payment, and the duration, or length of time that the award or obligation will last. Spousal maintenance is one area of the law in which there are many variables that can affect the amount of [...]
Often, people who know a divorce is coming ask me whether they should file first, or whether they should let their spouse file first. My answer is "It depends." If the divorce is non-contested, if you and your spouse get along well and you know with certainty that you will reach an amicable, peaceful agreement [...]
A lot of times people call Fiskum Law, P.A., to ask whether they "need" a lawyer for their divorce proceeding. My answer is usually "yes, you probably need a lawyer." That's different than saying that you can afford to hire a lawyer. I am not your banker and I do not know the answer to this question. [...]
At Fiskum Law Office, P.A., we can amend your divorce decree after you have already been divorced, so that it addresses parenting time problems and other issues that have arisen after the divorce. Please feel free to call attorney Daniel Fiskum, Esq., at (952) 270-7700 to schedule a free case analysis.
As I have written about in the past, mediation is an important component of the divorce process in Minnesota courts. There is also another process that is similar, but different. This process is known as "Early Neutral Evaluation." What is the difference? In mediation, the role of the mediator is to help the parties reach [...]
The issue of child custody and parenting time can be contentious in divorce proceedings. I always advise people that it is best to resolve disagreements about child custody and parenting time amicably. This can happen in discussions between the parties, but more likely it will happen in negotiations between the attorneys or in mediation. If [...]
Occasionally someone contacts me about divorcing a spouse who is abusing alcohol or drugs. They would like to keep the proceeding "amicable," but at the same time they are concerned that their spouse might receive inappropriate parenting time, meaning that their child might be left alone with a drug-using or actively-alcoholic spouse. They are concerned [...]
I am sometimes asked about how the issue of college tuition plays into divorce proceedings in Minnesota. The short answer is that it doesn't. I am aware of some state in which a court can require a parent to pay for their children's college tuition as part of a divorce judgment and decree. In Minnesota, [...]
Generally, I am in favor of settling cases amicably, when ever that is possible. There is a saying among lawyers and judges that a bad settlement is often better than a good decision from the court. In part, this is because it is impossible for the court, after a contested trial, to draft an order [...]
Often I am asked about which parent is entitled to claim the income tax dependency exemption for minor children after divorce. The answer is "it depends." In Minnesota, the divorce court may award the right to claim the income tax dependency exemption to either parent. Courts frequently allocate the exemptions equally, provide that both parents [...]
My recent blog post on the future of divorce in Minnesota has received a lot of attention. I am hopeful that the folks at the Minnesota state legislature understand the severe economic pressure that the Minnesota court system is under. While I like to remain apolitical in this blog, it is nonetheless true that the [...]
Often I am asked about the circumstances under which a divorced parent can modify the parenting time arrangement that they have with their ex-spouse. Modification can be needed for a variety of reasons - people change jobs, children get older and get involved in more extra-curricular activities, people have either more time or less time [...]
